You can't play with right to privacy of this country: SC
Tells WhatsApp, Meta to ‘exit India if you can't abide by the rule of the land’
The Supreme Court on Tuesday told WhatsApp's parent company Meta that it should leave India if it cannot follow the Constitution and protect users' data privacy.
The court was hearing Meta's plea against a Competition Commission of India (CCI) order that imposed a penalty of Rs 213.14 crore over WhatsApp's privacy policy. A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi made it clear that “not a single digit” of user data should be shared if it goes against the public interest.
According to a report by Bar and Bench, the top court also questioned the lack of a clear option for users to opt out of WhatsApp’s privacy policy. “Where is the question of opting out? Show me on your mobile. This is a decent way of committing theft of private information! You know your commercial interest, and you also know how you have made consumers addicted to the app," it said.
"Everybody uses it. If the users have a right to opt-out, how will the users know this right exists? Let us see the option and the situation with the user. When it comes to opting out, the information is in a newspaper. How will a person know?” the Chief Justice asked the Meta representative. CJI Kant said, “You can't play with the right of privacy of this country, in the name of data sharing. You are making a mockery of the constitutionalism of this country. How can you play with the right to privacy of people like this? People pay you for this. Consumer has no choice you have created a monopoly!”
The Bench suggested that WhatsApp file an affidavit explaining its privacy policy and how data sharing works under it. The court adjourned the hearing till February 9 and added the Central government as a party to the case.
“For the purpose of issuing interim directions, post the matter for next Monday. On the joint request made by senior counsel, the Union of India is impleaded as a respondent. Union may also file its counter affidavit,” the court said. In January 2021, WhatsApp announced updates to its terms of service and privacy policy, to be effective from February 8, 2021. Users were told they must accept the new terms to continue using the app.
Earlier, WhatsApp’s 2016 privacy policy allowed users to opt out of data sharing with Facebook. The 2021 update made data sharing with Meta mandatory.
The CCI investigated the matter and in November 2024 ruled that WhatsApp had abused its dominant position under the Competition Act, 2002. It ordered WhatsApp to stop sharing user data with Meta and its products for five years and imposed the fine.
